Trademark Registration Services

It is interesting to note that the law of trade mark, practically all over the world is based on three broad concepts distinctiveness or distinctive character, or capable of distinguishing, deceptive similarity or similarity or near resemblance of marks and same description or similarity of goods, the purpose of the act, as stated in the preamdle,is to provide for registration and better protection of trade marks for good and service and to prevent the use of fraudulent marks, in consonance with this object the following fundamental principles of trade mark law are embodied in the various provisions.

Trade mark and goodwill of business

under common law a trade mark is always considered as an inseparable part of the goodwill of the business in which it is used, as a result the sale of a trade mark except when made along with the sale of the goodwill of business to the same party, is null and void. This principle has been abolished by the trademarks act 1999.now both registered and unregistered trademarks can be assigned with or without goodwill of business subject to certain condition.

the act allows the registered proprietor of a trade mark to permit others to use the mark under the scheme of registration as registered users. The provisions have been very much simplified under the trade mark act 1999.the ultimate authority for granting registered users is now the registrar. The new act recognizes permitted use of a registered trade mark by a third party without being registered as registered user subject to certain conditions

provision is made in the act for registration of a species as in ordinary trade mark but to indicate that the good have been certified by the proprietor as to certain characteristics. The final authority for granting or note granting registration is now the registration Defensive registration the provision regarding defensive registration has been abolished by the new act Collective mark the trade marks act 1999 has made provisions for the registration of what is called collective marks which is a trade mark owned by an association of persons

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Attempts have been made from time to time by person to expend to convert a productive law into source of monopoly but court have resisted this form time to time

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